5.  The applicant was born in 1982 and lives in Legionowo.
6.  On 4 October 2002 the applicant was arrested on suspicion of assault. On 5 October 2002 the Warsaw District Court ordered his pre-trial detention on suspicion of aggravated assault committed with two other suspects. It noted that he had been charged with an offence which attracted a statutory sentence of up to ten years' imprisonment. The court also observed that each of the three suspects had given a different account of the events at issue and that, consequently, there was a risk that they would collude or exert pressure on witnesses.
7.  The applicant's detention was subsequently extended on 30 December 2002 and 1 April 2003. The courts relied on the high likelihood that the applicant had committed the crime in question and the risk that he might tamper with evidence.
8.  On 18 June 2003 the prosecution filed a bill of indictment with the Warsaw District Court. The applicant was charged with aggravated assault occasioning death (Article 158 § 3 of the Criminal Code). The bill of indictment concerned two other co-accused.
9.  On 30 June 2003 the Warsaw Regional Court remanded the applicant in custody until 3 December 2003. It relied on the severity of the anticipated penalty. Having regard to Article 258 § 2 of the Code of Criminal Procedure, it noted that the applicant had been charged with an offence which attracted a statutory maximum sentence exceeding eight years' imprisonment.
10.  On 1 December 2003 the Warsaw Regional Court extended the applicant's detention until 3 June 2004. It invoked the severity of the anticipated penalty and the need to secure the proper conduct of the proceedings.
11.  On 22 December 2003 the first hearing was held. The court heard the applicant, two co-accused and eleven witnesses.
12.  At a hearing held on 5 April 2004, the applicant's lawyer asked the court to apply police supervision instead of the pre-trial detention. However, the court refused.
13.  At a hearing held on 19 May 2004 the applicant's lawyer again asked the court to replace the detention with police supervision. However, the court refused and extended the applicant's detention, referring to the grounds given previously.
14.  On 26 July 2004 the Regional Court extended the applicant's detention until 3 October 2004, relying on the same grounds as previously.
15.  On 23 September 2004 during a hearing, the applicant's lawyer again asked for detention to be replaced with police supervision but the court again refused.
16.  Since, on 4 October 2004, the applicant's detention would have reached the statutory two-year time-limit laid down in Article 263 § 3 of the Code of Criminal Procedure, any further extension of his detention had to be ordered by the Warsaw Court of Appeal.
17.  On 1 October 2004 the Warsaw Court of Appeal remanded the applicant in custody until 30 November 2004. It invoked the severity of the likely sentence, noting that he had been charged with an offence which attracted a statutory sentence of up to ten years' imprisonment. It also observed that the trial had been at an advanced stage. However, it could not have been terminated earlier, as planned, since one of the witnesses had repeatedly failed to appear. That circumstance, which had been beyond the trial court's control, justified the prolongation of the applicant's detention.
18.  On 30 November 2004 the Warsaw Regional Court convicted the applicant of aggravated assault occasioning death and sentenced him to four years' imprisonment. The applicant lodged an appeal against this judgment.
19.  On 3 December 2004 the applicant's lawyer appealed against the decision to extend the pre-trial detention. He argued that, in view of the sentence imposed on him, the applicant could already apply for conditional release. On 22 December 2004 the Warsaw Court of Appeal upheld the decision of 30 November 2004.
20.  On 20 June 2005 the Warsaw Regional Court again extended the applicant's detention. On 5 July 2005 the applicant's lawyer appealed, maintaining that there was no need to continue the applicant's detention. However, on 22 July 2005 the Warsaw Court of Appeal upheld the decision of 20 June 2005. The court considered that the severity of the penalty imposed by the first-instance court justified the continuation of pre-trial detention.
21.  On 27 September 2005 the Warsaw Court of Appeal gave judgment. It altered the legal classification of the applicant's offence from aggravated assault occasioning death to assault (Article 158 § 1 of the Criminal Code). That offence carried a maximum statutory penalty of three years. The Court of Appeal consequently amended the Regional Court's judgment. The applicant was convicted of assault and sentenced to three years' imprisonment.
22.  The applicant was released on 4 October 2005.